Module 4 - all questions Flashcards
What would ‘personal’ or ‘direct’ use be considered?
Also called ‘primary’ use - transfer of a patient from a hospital to another health facility such as a nursing home; Patient needing to know exact dates when they were in; patient wanting to know their birth time for astrology purposes.
What would ‘impersonal’ or ‘indirect’ use to be considered?
Also called ‘secondary’ use - requests from researchers, employers, insurance companies, accreditation, law enforcement, government agencies, lawyers, etc.
What is another word for ‘primary’ use?
Personal use or Direct use.
What is another name for ‘indirect’ use?
Secondary use or Impersonal Use
Health care providers and staff have an ethical obligation to …. what?
Not harm the patient, protect him/her; advocate, uphold and defend the patient’s right to privacy and confidentiality of their health information; not to disclose health information unless authorized (legislation/policies); preserve (retain) and protect (secure) and maintain patient health information; not impede patient care by withholding information ‘in the name of confidentiality’
What are some reasons personal information may be released:
- for consistent purpose; 2. valid patient authorization; 3. legislation (coroner’s act, FIPPA, etc); 4. Court document (subpoena, court order, warrant, etc); 5. Authorization by the organization
What do you call a temporary administrator appointed by the court when there is a dispute over executor
Administrator Ad Collingenda Bona of the Estate
What is the call-back procedure?
A procedure used to verify authenticity of a requestor for verbal ROI requests. The requestor’s name and telephone number is verified by using a telephone book or other valid resource (medical directory); If it is a patient calling, ask for the patient’s PHN and mother’s maiden name to further aid in the authenticity of the requestor. Upon verification, you can return the call and release the requested information
What do you call a person who was appointed by the court to make personal, medical, legal or financial decisions for someone who is mentally incapable of managing his/her person or property under the Patients Property Act. This supersedes the rights of all relatives. This person stands in the shoes of the incapable adult, having all the rights and powers that the adult would have if capable.
Committee of Person / Committee of Estate
Who may be appointed a committee?
the PGT automatically becomes the committee of the mentally incapable person’s estate when a certificate of incapability is issued. The court may also appoint the PGT or another person, to be the committee of a mentally incapable person’s estate, person, or both. The court may appoint a trust company to be the committee of a person’s estate.
Who manages the personal welfare of an incapable individual?
Committee of Person
Does a committee have the right to view documents and records pertaining to the incapable adult?
Yes.
Does a committeeship automatically end on the death of the adult?
No, a committeeship ends after the patient passes, and continues until probate, or administration has been granted.
What is a Custodial Parent?
Any parent who has been given custody of a child by the courts. If the child’s parents do not live together, then whomever has the primary responsiblity of the child’s care is considered to have custody of the child. They may request records. The OTHER parent may request access WITH written consent of the custodial parent.
What is an ‘emancipated minor’?
Referring to the freeing of a minor child (through marriage, economic self-sufficiency from control of their parents - involved an entire surrender of the right to the care, custody, and earnings of such child, as well as renunciation of parental duties. An emancipated minor CAN provider consent to their own treatment, and are capable of understanding the risks and responsibilities of having their own information.
What is a general Power of Attorney?
a legal witnessed agreement that appoints a person to manage his/her PROPERTY, FINANCIAL AND LEGAL affairs; automatically ends when the patient dies, becomes bankrupt or mentally incompetent.
When does a Power of Attorney end?
when the patient dies, becomes bankrupt or mentally incompetent.
Can a Power of Attorney or Enduring Power of Attorney access documents belonging to the appointer?
Yes, but a POA can only while the patient is mentally competent; and a EPOA can always, whether patient is mentally competent or incompetent - and neither is not authorized to make medical decisions at any time.
What must a Power of Attorney or Enduring Power of Attorney do in order to view the patient’s health records?
To prove their legal authority, they must produce a copy of the agreement along with personal identification.
What is an Enduring Power of Attorney
a document that appoints another person to make FINANCIAL AND/OR PERSONAL DECISIONS for an individual IF they become mentally incompetent due to age, illness or accident. It MUST state that the document WILL continue to be in effect if the appointer is unable to make decisions for themselves.
